Indiana § 9-30-15.5-2 Prior vehicular substance offense convictions

Indiana Statutes

§ 9-30-15.5-2 — Prior vehicular substance offense convictions

Indiana § 9-30-15.5-2

Title 9MOTOR VEHICLES

Art. 30GENERAL PENALTY PROVISIONS

Ch. 15.5Habitual Vehicular Substance Offender

This text of Indiana § 9-30-15.5-2 (Prior vehicular substance offense convictions) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 9-30-15.5-2 (2026).

Text

(a)The state may seek to have a person sentenced as a habitual vehicular substance offender for any vehicular substance offense by alleging, on a page separate from the rest of the charging instrument, that the person has accumulated two (2) or three

(3)prior unrelated vehicular substance offense convictions. If the state alleges only two (2) prior unrelated vehicular substance offense convictions, the allegation must include that at least one (1) of the prior unrelated vehicular substance offense convictions occurred within the ten (10) years before the date of the current offense.

(b)For purposes of subsection (a), a person has accumulated two (2) or three (3) prior unrelated vehicular substance offense convictions only if:

(1)the second prior unrelated vehicular substance offense co

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(a) The state may seek to have a person
sentenced as a habitual vehicular substance offender for any vehicular
substance offense by alleging, on a page separate from the rest of the
charging instrument, that the person has accumulated two (2) or three
(3) prior unrelated vehicular substance offense convictions. If the state
alleges only two (2) prior unrelated vehicular substance offense
convictions, the allegation must include that at least one (1) of the prior
unrelated vehicular substance offense convictions occurred within the
ten (10) years before the date of the current offense.
(b) For purposes of subsection (a), a person has accumulated two (2)
or three (3) prior unrelated vehicular substance offense convictions
only if:
(1) the second prior unrelated vehicular substance offense
conviction was committed after commission of and sentencing for
the first prior unrelated vehicular substance offense conviction;
(2) the offense for which the state seeks to have the person
sentenced as a habitual vehicular substance offender was
committed after commission of and sentencing for the second
prior unrelated vehicular substance offense conviction; and
(3) for a conviction requiring proof of three (3) prior unrelated
vehicular substance offense felonies, the third prior unrelated
vehicular substance offense conviction was committed after
commission of and sentencing for the second prior unrelated
vehicular substance offense conviction.
However, a conviction does not count for purposes of subsection (a) if
it has been set aside or it is a conviction for which the person has been
pardoned.
(c) A person is a habitual vehicular substance offender if the jury (if
the hearing is by jury) or the court (if the hearing is to the court alone)
finds that the state has proved beyond a reasonable doubt that the
person has accumulated three (3) or more prior unrelated vehicular
substance offense convictions at any time, or two (2) prior unrelated
vehicular substance offense convictions, with at least one (1) of the
prior unrelated vehicular substance offense convictions occurring
within ten (10) years of the date of the occurrence of the current
offense.
(d) The court shall sentence a person found to be a habitual
vehicular substance offender to an additional fixed term of at least one
(1) year but not more than eight (8) years of imprisonment, to be added
to the term of imprisonment imposed under IC 35-50-2 or IC 35-50-3.
(e) Charges filed under this section must be filed in a circuit court
or superior court.